Lowe (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500 (Student), brought before the Tribunal. The central dispute revolved around the applicant's English language proficiency, a criterion stipulated by Part 500 of Schedule 2 to the Regulations. The Tribunal, constituted by Gabrielle Cullen, was tasked with determining whether the applicant met the English language requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 500.213 of Schedule 2 to the Regulations, which mandates evidence of English language proficiency unless the applicant falls within a specified exempt class. The Tribunal was required to consider the requirements outlined in IMMI 18/015, which details acceptable English language tests and minimum scores, and to determine if the applicant's PTE test result met these specifications.

The Tribunal reasoned that the applicant was not within any of the exempt classes specified in IMMI 18/015, and therefore clause 500.213(1) applied. It found that the applicant had achieved a PTE score of 68 in a test taken on 23 August 2019, which exceeded the minimum requirement of 42 specified in IMMI 18/015 for meeting English language proficiency. Consequently, the Tribunal was satisfied that the applicant met clause 500.213. The Tribunal then remitted the application for reconsideration by the Minister, directing that the applicant had met the English language proficiency criteria.